Customer hereby acknowledges that all orders for special, custom, value-added and other non-standard and/or non-franchised products (“Non-Returnable Products”) placed with Capacitor Industries are non-returnable, including but not limited to, Non-Returnable Product(s) ordered under such purchase order numbers listed below. No return of Non-Returnable Product(s) will be accepted by Capacitor Industries unless defective and only with a returned material authorization number (“RMA #”) which shall be issued at the Capacitor Industries’s sole discretion.

Capacitor Industries shall not be liable for failure to fulfill the purchase orders listed below or for delays in delivery due to causes beyond its reasonable control, including but not limited to acts of God, acts or omissions of the other party, acts or omissions of civil or military authority, Government party, Government priorities, material shortages, fire, strikes, floods, riots, war, and delays in delivery or transportation. The time for performance of any such obligation shall be extended for the time period lost by reason of the delay.

The parties agree that the conditions of sale of the Non-Returnable Product(s) hereunder shall prevail, notwithstanding contrary or additional terms and conditions in any purchase order, acknowledgment, confirmation or any other form or document issued by either party effecting the purchase and/or sale of the Non-Returnable Product(s).